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- Feb 17, 2019
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Non-commercial is not necessarily the same as hobby. And it has been enforced by the FAA, for example in the field of volunteer search and rescue. It's unpaid and even described by many participants as a hobby, but the FAA clarified specifically that while non-commercial it is not recreational because it has a purpose beyond flying for fun, and issued cease and desist notices to a number of SAR volunteer organizations. A number of us on this forum have had these discussions directly with the FAA.
Now, whether the FAA is likely to pursue low-profile examples of this kind of thing is another matter entirely, but that wasn't what the question asked. If you want to expand the question then the answer is yes - it's required by law but no - you might not get caught. I'm well aware that many flights take place without Part 107 certification that are not covered by Part 101. If don't like the reasoning - call your FSDO and ask them. Or don't call them if you don't want an answer that you don't like.
I can easily see that your example would put into question the purpose of flying without a 107. S&R might be hard to describe as a hobby or recreation. I'm not trying to bend the rules to apply to a particular flight (I have my 107 certificate) but only trying to distinguish between honest recreation and necessary 107 applications. If your truly flying under the umbrella of hobby or recreation (honestly-not bending the rules and non commercial) even when your with a friend or group (their playing, fishing, surfing, motorcross, skating, skiing etc and YOU are filming that is defined as recreation and not subjuct to 107 requirements.
Just because someone else is performing the "action" and your filming does not exclude it from be recreational on your behalf.